Disposed

B.Kandasamy v. The Joint Registrar

Madras HC16 Nov 2023WP/22362/2015

Case brief

AI extract

What is this about?

Petitioner challenged failure of co-operative society officials to furnish documents. Court held proceedings infructuous automatically but directed respondents to consider two pending representations on merits within three months and dispose of the petition.

What did the court decide?

Respondents directed to consider and dispose of petitioner's representations dated 02.05.2015 and 24.06.2015 on merits within three months.

B.Kandasamy Vs The Joint Registrar — Labour and Industrial Disputes | Madras HC (2023)

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Writ Petition No.22362 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.11.2023

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CORAM

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THE HONOURABLE DR.JUSTICE D.NAGARJUN

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Writ Petition No.22362 of 2015 and M.P.No.1 of 2015

B.Kandasamy

... Petitioner

1.The Joint Registrar

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Office of the Joint Registrar of Co-operative Societies, Villupuram.

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2.The Deputy Registrar of Co-operative Societies, Tindivanam Circle, Jayapuram, Tindivanam, Villupuram District.

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3.K.Sagajanandam

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Nolambur PACCS 81 Enquiry Officer,

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Office of the Deputy Registrar of Co-operative Societies (PDS), Villupuram. ... Respondents

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Prayer: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first and second respondents to furnish the 28 documents sought for by the petitioner in his Revision dated 02.05.2015 and 24.06.2015.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.22362 of 2015

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For Petitioner : Mr.R.Karunagaran For R1 & R2 : M/s.C.Sangamithirai Special Government Pleader For R3 : Mr.L.P.Shanmugasundaram

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O R D E R

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This Writ Petition is filed seeking for Mandamus directing the first

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and second respondents to furnish 28 documents to the petitioner as mentioned in the affidavit basing on his representations dated 02.05.2015 and 24.06.2015

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Learned counsel for the petitioner submitted that petition.No3

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worked as the Secretary of Nolambur Primary Agricultural Cooperative Bank Ltd. He was suspended from service under Section 81 of Tamil Nadu Co-operative Societies Act on 07.08.2014. On receipt of notice from third respondent Enquiry Officer, petitioner made a representation dated 21.03.2015, to furnish 28 documents. The second respondent who has received the said notice has not provided the copies of document and thereby this Writ Petition is filed.

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Writ Petition No.22362 of 2015

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Learned Special Government Pleader requested for short

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accommodation for filing counter and to get instructions.

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However, it is submitted by the learned counsel for the petitioner

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that even after giving representation to furnish 28 documents the respondents have not given the copies and further enquiry proceedings were initiated and the petitioner was terminated from service. It is also submitted that the petitioner has filed CMA No.15 of 2015 aggrieved by the surcharge proceedings and the same was allowed 23.09.2019. Once proceedings have already been initiated and final orders have already been passed, this Writ Petition which was filed for direction to furnish 28 documents becomes infructuous.

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Be that as it may, the respondents should have disposed of the representations of the petitioner dated 02.05.2015 and 24.06.2015. However, reason is explained why the representations of the petitioner are not considered.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.22362 of 2015

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Considering the above, Writ Petition is disposed of directing the

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Dr.D.NAGARJUN, J.

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jai

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respondents to consider and dispose of those two representations on merits within a period of three months from the date of receipt of copy of this order. No costs. Consequently connected miscellaneous petition is closed.

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16.11.2023

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Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes jai To

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1.The Joint Registrar Office of the Joint Registrar of Co-operative Societies, Villupuram.

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2.The Deputy Registrar of Co-operative Societies, Tindivanam Circle, Jayapuram, Tindivanam, Villupuram District.

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3.K.Sagajanandam Nolambur PACCS 81 Enquiry Officer, Office of the Deputy Registrar of Co-operative Societies (PDS), Villupuram.

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Writ Petition No.22362 of 2015

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Writ Petition No.22362 of 2015

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B.Kandasamy v. The Joint Registrar

Case brief

What is this about?

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B.Kandasamy v. The Joint Registrar

Case brief

What is this about?

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